Banks et al v. Nett et al

Filing 8

ORDER ADOPTING #5 Report and Recommendation, DENYING #3 Motion for Leave to Proceed in forma pauperis filed by Spence Taylor, John Michael, Frederick Banks, DISMISSING action upon filing, w/o prejudice, as frivolous & on immunity grounds. Upon affirmance, or waiver of the opportunity to appeal, this dismissal counts as a "strike" under 28 U.S.C. 1915(g). Signed by Honorable Stephen P. Friot on 10/27/14. (llg)

IN THE UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
FREDERICK BANKS, et al.,
Plaintiffs,
vs.
ELIZABETH NETT, et al.,
Defendants.

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Case No. CIV-14-0983-F

ORDER
Plaintiff Banks is a federal inmate who appears pro se and who professes to
have filed this action along with two purported co-plaintiffs, John Michael and Spence
Taylor. The Report and Recommendation of Magistrate Judge Gary M. Purcell is
before the court. Doc. no. 5 (the Report). The Report recommends that plaintiffs’
motion to proceed in forma pauperis, doc. no. 3, be denied, and that this action be
dismissed upon filing, without prejudice, under 28 U.S.C. § 1915A(b) as frivolous and
also on immunity grounds. The Report notifies plaintiffs that dismissal of this cause
of action may constitute a “strike” pursuant to 28 U.S.C. § 1915(g) upon affirmance
or upon waiver of the opportunity to appeal. The Report also notifies plaintiffs of the
right to object to the Report, and notifies them that failure to timely object to the
Report waives appellate review of both factual and legal issues contained in the
Report. No objection or request for an extension of time has been filed. Copies of the
Report which were mailed by the court clerk to purported plaintiffs John Michael and
Spence Taylor were returned as undeliverable. Doc. nos. 6, 7.
Having conducted its own review and with there being no objection, the Report
and Recommendation of Magistrate Judge Purcell is ACCEPTED, ADOPTED and

AFFIRMED.

This action is DISMISSED upon filing, without prejudice, as

frivolous and on immunity grounds. Upon affirmance, or waiver of the opportunity
to appeal, this dismissal counts as a “strike” under 28 U.S.C. § 1915(g).
Dated this 27th day of October, 2014.

14-0983p001.wpd

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